People v. Orta

OPINION OF THE COURT

Armando Montano, J.

Defendant is charged by superseding information with criminal trespass in the third degree (Penal Law § 140.10 [a]), use of parks; hours of operation (Rules of City of NY Dept of Parks and Recreation [56 RCNY] § 1-03 [a] [3]); and trespass (Penal Law § 140.05).

Defendant moves for an order (1) dismissing counts one and three, Penal Law § 140.10 (a) and Penal Law § 140.05, respectively, as facially insufficient; (2) suppressing any and all statements taken from defendant for which proper notice was given, or in the alternative, granting a Huntley ¡Dunaway…